Case: Committee Seeking The Recall of Firestone Trustees v. Koenig

1:21-cv-03069 | U.S. District Court for the District of Colorado

Filed Date: Oct. 25, 2021

Closed Date: March 15, 2022

Clearinghouse coding complete

Case Summary

On October 25, 2021, the Committee Seeking the Recall of Firestone Trustees filed a lawsuit against the town clerk of the town of Firestone, Colorado. The Complaint was filed in the Weld County District Court in Colorado. The plaintiff sued the Town Clerk under Colo. Const. art. XXI, §§ 1 and 4 and 42 U.S.C. § 1983. They claimed that the clerk of the town of Firestone employed in improper standard to reject petitions seeking the recall of the Firestone Board of Trustees. Specifically, the Clerk…

On October 25, 2021, the Committee Seeking the Recall of Firestone Trustees filed a lawsuit against the town clerk of the town of Firestone, Colorado. The Complaint was filed in the Weld County District Court in Colorado.

The plaintiff sued the Town Clerk under Colo. Const. art. XXI, §§ 1 and 4 and 42 U.S.C. § 1983. They claimed that the clerk of the town of Firestone employed in improper standard to reject petitions seeking the recall of the Firestone Board of Trustees. Specifically, the Clerk allegedly improperly found that non-sequential petition signatures on recall petitions were evidence proving that petition sections had been dis-attached from their accompanying affidavits. 

On November 16, 2021, the Town Clerk removed the case to the United States District Court of Colorado.

On November 23, 2021, the defendant filed a motion to dismiss for failure to state a claim. The defendant claims that because the Committee challenged a state law election law as opposed to one which regulates communicative conduct of people advocating a position in a referendum, that the plaintiff lacks a First Amendment claim. As to the Fourteenth Amendment claim, the defendant argues that she did not violate the plaintiff's substantive or procedural due process rights because she provided the plaintiff with notice and hearing. 

On February 7, 2022 a Notice of Settlement and Unopposed request for stay was filed by the plaintiff. The details of the settlement are unavailable to the Clearinghouse at this time.

On March 15, 2022 the case was terminated. This case is now closed. 

 

Summary Authors

LFAA (1/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61467982/parties/committee-seeking-the-recall-of-firestone-trustees-v-koenig/


Judge(s)

Arguello, Christine M. (Colorado)

Attorney for Plaintiff

Gessler, Scott E. (Colorado)

Attorney for Defendant

Marks, Josh Adam (Colorado)

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Documents in the Clearinghouse

Document
3

1:21-cv-03069

Complaint Under C.R.S. § 31-4-502(1)(a)(I)

Committee Seeking the Recall of Firestone Trustees v. Koenig

Nov. 16, 2021

Nov. 16, 2021

Complaint
1

1:21-cv-03069

Notice of Removal of Action Pursuant to 28 U.S.C. §§ 1441(a)

Committee Seeking the Recall of Firestone Trustees v. Koenig

Nov. 16, 2021

Nov. 16, 2021

Pleading / Motion / Brief
10

1:21-cv-03069

Defendant's Motion to Dismiss

Committee Seeking the Recall of Firestone Trustees v. Koenig

Nov. 23, 2021

Nov. 23, 2021

Pleading / Motion / Brief
16

1:21-cv-03069

Notice of Pending Settlement and Unopposed Request for Stay

Committee Seeking the Recall of Firestone Trustees v. Koenig

Feb. 7, 2022

Feb. 7, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61467982/committee-seeking-the-recall-of-firestone-trustees-v-koenig/

Last updated Feb. 8, 2026, 1:16 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by JESSICA KOENIG of Action Pursuant to 28 U.S.C. 1441(a) from DISTRICT COURT, WELD COUNTY, COLORADO, Case Number 2021CV30649. (Filing fee $ 402, Receipt Number ACODC-8179898), filed by JESSICA KOENIG. (Attachments: # 1 Exhibit A - October 25, 2021, Complaint, Civil Case Cover Sheet, and Summons, # 2 Exhibit B - October 26, 2021, Initial Case Management Order, # 3 Exhibit C - October 26, 2021, Amended Waiver and Acceptance of Service, # 4 Exhibit D - 2021-11-15 Entry of Appearance, # 5 Exhibit E - 21.11.16 Notice of Filing Petition for Removal)(Marks, Josh) (Entered: 11/16/2021)

1 Exhibit A - October 25, 2021, Complaint, Civil Case Cover Sheet, and Summons

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2 Exhibit B - October 26, 2021, Initial Case Management Order

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3 Exhibit C - October 26, 2021, Amended Waiver and Acceptance of Service

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4 Exhibit D - 2021-11-15 Entry of Appearance

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5 Exhibit E - 21.11.16 Notice of Filing Petition for Removal

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Nov. 16, 2021

Nov. 16, 2021

Clearinghouse
2

FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jtorr, ) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

3

COMPLAINT Under C.R.S. § 31-4-502(1)(a)(1) against Jessica Koenig, filed by Committee Seeking the Recall of Firestone Trustees.(jtorr, ) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

Clearinghouse
4

Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

5

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

6

ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 11/16/2021. Text Only Entry (cmasec) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

Order Referring Case to Magistrate Judge

Nov. 16, 2021

Nov. 16, 2021

7

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (cpomm, ) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

8

NOTICE of Entry of Appearance by Scott E. Gessler on behalf of Committee Seeking the Recall of Firestone TrusteesAttorney Scott E. Gessler added to party Committee Seeking the Recall of Firestone Trustees(pty:pla) (Gessler, Scott) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

9

NOTICE of Compliance with D.C.COLO.LCivR 81.1(B) by Defendant Jessica Koenig (Attachments: # 1 Exhibit A)(Marks, Josh) (Entered: 11/17/2021)

1 Exhibit A

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Nov. 17, 2021

Nov. 17, 2021

10

MOTION to Dismiss for Failure to State a Claim by Defendant Jessica Koenig. (Attachments: # 1 Exhibit A)(Marks, Josh) (Entered: 11/23/2021)

1 Exhibit A

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Nov. 23, 2021

Nov. 23, 2021

Clearinghouse
11

SUPPLEMENT/AMENDMENT to 1 Notice of Removal,, by Defendant Jessica Koenig. (Attachments: # 1 Exhibit A - Complaint and Attached Exhibits 1 and 2 - 2021CV30649, 10-25-21)(Marks, Josh) (Entered: 11/24/2021)

1 Exhibit A - Complaint and Attached Exhibits 1 and 2 - 2021CV30649, 10-25-21

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Nov. 24, 2021

Nov. 24, 2021

12

ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 11/29/2021. Proposed Scheduling Order due 2/8/2022. Scheduling/Planning Conference set for 2/15/2022 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Continuation of Main Document, # 2 Continuation of Main Document, # 3 Continuation of Main Document) (alave, ) (Entered: 11/30/2021)

1 Continuation of Main Document

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2 Continuation of Main Document

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3 Continuation of Main Document

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Nov. 29, 2021

Nov. 29, 2021

13

MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#5] is February 8, 2022. By Magistrate Judge Kristen L. Mix on January 26, 2022. Text Only Entry (klmlc1, ) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

14

MINUTE ORDER. DISREGARD Minute Order [#13] setting a deadline to file the Consent/Non-Consent Form, as it was entered in error. By Magistrate Judge Kristen L. Mix on January 26, 2022. Text Only Entry (klmlc1, ) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

15

PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kristen L. Mix on January 26, 2022. (csarr, ) (Entered: 01/27/2022)

Jan. 26, 2022

Jan. 26, 2022

Minute Order

Jan. 27, 2022

Jan. 27, 2022

Minute Order

Jan. 27, 2022

Jan. 27, 2022

16

NOTICE of Settlement and Unopposed Request for Stay by Plaintiff Committee Seeking the Recall of Firestone Trustees (Gessler, Scott) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

Clearinghouse
17

MINUTE ORDER by Magistrate Judge Kristen L. Mix on February 8, 2022. This matter is before the Court on the Notice of Pending Settlement and Unopposed Request for Stay 16 . IT IS HEREBY ORDERED that the Scheduling Conference set for February 15, 2022, at 10:00 a.m. is VACATED. IT IS FURTHER ORDERED that the parties shall file dismissal papers or a status report by February 22, 2022. All deadlines and proceedings are stayed through that date. (csarr, ) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

18

STATUS REPORT AND UNOPPOSED MOTION FOR EXTENSION OF TIME by Plaintiff Committee Seeking the Recall of Firestone Trustees. (Gessler, Scott) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

19

MINUTE ORDER by Magistrate Judge Kristen L. Mix on February 23, 2022. This matter is before the Court on Plaintiff's Status Report and Unopposed Motionfor Extension of Time 18 (the "Status Report"). IT IS HEREBY ORDERED that pursuant to the request in the Status Report 18, the parties have up to and including March 4, 2022, to file dismissal papers. All deadlines and proceedings are stayed through that date. (csarr, ) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

20

STATUS REPORT AND UNOPPOSED MOTION FOR EXTENSION OF TIME by Plaintiff Committee Seeking the Recall of Firestone Trustees. (Gessler, Scott) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

21

STIPULATION of Dismissal of Case with Prejudice by Plaintiff Committee Seeking the Recall of Firestone Trustees. (Gessler, Scott) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

22

Civil Case Terminated pursuant to the 21 Stipulation for Dismissal With Prejudice filed in this case. Text Only Entry (cmasec) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

Case Details

State / Territory:

Colorado

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 25, 2021

Closing Date: March 15, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

committee seeking to reject the results of an election

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Town of Firestone, Colorado, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Other Dockets:

District of Colorado 1:21-cv-03069

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Voting: General & Misc.